9 Signs That You re An Expert Veterans Disability Law Expert
Veterans Disability Lawyers [Deprezyon.Com]
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
Select a veteran disability attorney who limits their practice to handling these cases and is aware of the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition you are suffering from is linked to your military service. This is known as a nexus. There are various types of evidence you could demonstrate this connection, such as medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be considered service connected due to missing or incomplete records. These cases require the assistance of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is backed up by independent experts.
It is easier to prove the direct connection between your service and illnesses or injuries that you sustained while in the military. For example, if you received a head injury during service and now suffer headaches and concussions there is a clear link between the events that led to your current health condition.
It is more difficult to be service-connected if you had an existing condition that got worse while you were in military service. In order to prove that your time in service worsened or aggravated an existing condition you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.
Appealing a denied application
After submitting an application and providing medical evidence The VA will review the case. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant through the three possible review options -- an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experience and the military's culture when choosing the New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to talk about your experiences and the circumstances in layman's terms.
You should also find a firm that will work on your case throughout the entire duration of your appeal. Beware of firms that assist you with the first phases of your claim and then go away.
A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist in obtaining you benefits like financial compensations, aid and attendance benefits, education benefits, or even unemployment.
Receiving a Better Rating
There may come a time that your disability becomes more severe or your symptoms become more complex or broader. In that case, it makes sense to request an increase in your rating. A lawyer for veterans' disability can assist with this procedure, and help you dig up evidence to back your request.
It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's worth contacting a professional to check your records for any errors. They may have overlooked an injury or left out any issue that could have been combined with another disability to get an even higher rating.
You can still make a higher-level claim, or review if you've been rated for more than a calendar year. These are a thorough examination of your dossier and may result in an amendment to your effective date or an updated rating that is more accurate to what you truly feel.
If you believe that you are entitled to a rating of 100 percent, or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating which is reserved for the most debilitating disabilities. For example the mental health issue could be a reason to get 100% disability ratings because it can cause marked interruption to work or periods of hospitalization, which don't normally trigger such the rating for a heart illness or other medical issues.
Getting help with the Appeals Process
Despite what some believe that denial of claims for disability by the VA isn't the end of an individual's chances to get benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled veterans disability lawyer can help a veteran decide which of the three appeals options is the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They also have a lot of experience dealing with VA disability claims, and they know the rules and procedures inside out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular type of empathy which can improve the outcome of an issue involving veterans disability law firms' disability.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today for your free assessment.